In a small claims ruling, the vice-chair of the Civil Resolution Tribunal noted that the defendant clarified that he was given a lawnmower as a gift to avoid a meaningless 120 kilometre drive out of Prince George.
In a Dec. 19 verdict, Eric Regehr wrote that it was more likely that Glenden Laird gave Robert Gilligan the 10-year-old, non-functioning ride-on lawnmower as a gift.
Regehr dismissed Laird’s claim for the ride-on lawnmower, which Laird valued at $2,400, but ordered Gilligan to pay $1,300 he owes Laird. Laird claimed he loaned Gilligan both the lawnmower and $2,400.
“The parties were old friends,” Regehr wrote. “The applicant (Laird) does not deny that he owned and used a newer lawnmower, meaning he had no use for the one he gave the respondent.”
Regehr wrote that Gilligan made sure to clarify that the lawnmower was a gift, “because they did not want to drive from Prince George to Quesnel just to borrow an old, broken lawnmower. When they arrived, the respondent says they asked the applicant whether he wanted anything for the lawnmower and the applicant said no.”
Regehr said the parties agreed that Gilligan paid some money back, but also “reborrowed” some of those payments. Based on text messages between the two, Regehr found Gilligan owed Laird $1,300.
“The text messages at the time suggest that he wanted the lawnmower back not because he still believed he owned it, but as collateral for the debts,” Regehr wrote. “In particular, the applicant offered to cancel the debts if the applicant gave the lawnmower back.”
Regehr ordered payment of $1,300 plus $1.94 in pre-judgment interest within 30 days of the decision. Laird is also entitled to post-judgment interest.
